Working in extreme heat in Portugal: your rights

Delivering food under the 3 pm sun or working in a shop at 30C? Portuguese law does not set a maximum temperature at which you can stop working. But it gives you concrete rights: water, breaks, protection from the sun, schedule changes and, in case of serious and imminent danger, the right to move away from your workstation without losing pay (Article 17 of Law 102/2009).

Is there a maximum temperature for working?

The short answer: there is no single number in the general law at which work stops. There are two layers of protection:

1. The 18C to 22C rule. It applies to commercial establishments, offices and services, including hotels, restaurants, cafes, postal services and entertainment venues (Articles 2 and 3 of Decree-Law 243/86). In these places, the temperature should, as far as possible, stay between 18C and 22C, with a tolerance up to 25C. Humidity should stay between 50% and 70%. If natural ventilation is not enough, the employer must adopt artificial ventilation and cooling systems, and the law itself recommends air conditioning (Article 11).

2. The general duty of protection. It applies to every sector, from construction to agriculture, from factories to food delivery. The employer must ensure workers' safety and health in all aspects of work, assess the risks (and heat is a risk) and adapt the work to the worker (Article 15 of Law 102/2009). The cost of these measures is borne 100% by the company: it cannot be passed on to you.

Your 5 concrete rights when it is hot

Water. The employer must make drinking water available in sufficient quantity, in easily accessible places (Article 45 of Decree-Law 243/86). The ACT recommends fresh water available throughout working time.

Breaks or reduced hours. Whenever you are exposed to very high temperatures, the employer must take adequate corrective measures or, in exceptional situations, grant breaks during working hours or reduce working time (Article 13 of Decree-Law 243/86).

Shade and protection outdoors. Workers who perform tasks outdoors must be protected against the weather and excessive sun exposure, through shelters or appropriate clothing and other personal protective equipment (Article 12(3) and (4) of Decree-Law 243/86).

A corrected working environment. In the sectors covered by the 18C to 22C rule, if natural ventilation is not enough, the employer must install artificial ventilation, cooling or air conditioning (Article 11 of Decree-Law 243/86).

Information and health surveillance. The employer must inform you about the risks and the protective measures, and occupational medicine must monitor workers exposed to heat (Articles 15 and 19 of Law 102/2009). This is one of the central points of the ACT's campaign on extreme heat.

Can you refuse to work in extreme heat?

The rule: in case of serious and imminent danger that cannot be avoided, you can move away from your workstation or from a dangerous area without any penalty, neither in your pay nor through disciplinary sanctions (Article 17(2) of Law 102/2009).

It depends on the case: the law does not define heat as an automatic serious and imminent danger. What counts is the concrete situation: temperature, physical effort, direct sun exposure, lack of water or shade, and your state of health. Three practical steps:

1. Speak up first. Tell your manager what is happening and what you need (shade, water, a break, a different task).
2. Keep a written record. A message or email describing the temperature and the conditions protects you if the company tries to treat your absence as unjustified.
3. Contact the ACT (complaint or request for intervention) if the company ignores you. The ACT complaint can be anonymous.

Your employer can (and should) adapt the schedule to the heat

Moving the shift to the cooler hours is the most effective measure, and the ACT recommends exactly that: physically demanding tasks in the cooler periods of the day and rotating schedules with regular breaks.

The rules on schedule changes do not disappear because it is hot (Article 217 of the Labour Code):

• Changing a schedule requires prior consultation of the workers involved and posting the new schedule 7 days in advance (3 days in micro companies).
• A change lasting up to 1 week can be made without those formalities, at most 3 times a year, as long as it is recorded in a proper register (Article 217(3)).
• A schedule that was individually agreed with you can only change with your consent (Article 217(4)).
• When drawing up schedules, the law requires the employer to put safety and health first (Article 212 of the Labour Code).

More detail in the work schedule guide.

Heatstroke at work: who pays?

Heatstroke, severe dehydration or fainting during work are not ordinary sick leave. An injury or sudden illness found at the workplace and during working time is presumed to result from a work accident (Articles 8 and 10 of Law 98/2009). And a work accident is paid by the employer's insurer: treatment, medication, transport and 70% of your pay while you cannot work.

The essential step: report it to your employer within 48 hours and follow the work accident guide. If you are a platform courier, also read the platform work guide: with the employment presumption, you get work accident protection.

What if the company does nothing?

Ignoring the heat is not just bad management. It is a breach of legal health and safety obligations, which the ACT inspects and fines. In 2026, the ACT ran a prevention campaign on heat exposure at work, with clear recommendations for companies: heavy tasks in the cooler hours, regular breaks, rest areas with shade or air conditioning, fresh drinking water, a contingency plan for extreme heat periods and health surveillance of workers.

If your company does not comply:

1. Ask in writing for the missing measures (water, shade, breaks, schedule adjustment).
2. Keep evidence: photos, recorded temperatures, messages.
3. File a complaint with the ACT. The step by step process is in the ACT complaint guide.

Are you an employer? Extreme heat is now an occupational risk like any other: it belongs in your risk assessment, your prevention plan and your health surveillance. Review the 7 health and safety obligations. Prevention always costs less than an ACT fine or an accident with employer fault, where the company answers for the full damage.

This guide is general information and does not replace legal advice for your specific case. Questions? ola@despacho.pt